Second suit names 35 defendants

Earnest L. Edwards of Texas spent his life working as a pipe-fitter and consistently came in contact with asbestos. When he was diagnosed with asbestos-related disease, he filed a lawsuit and received compensation. Now deceased, Earnest's family is suing for a "different malignant asbestos-related injury," which they claim ended his life.

The suit names 35 defendants who, according to the claim, knowingly put Earnest and other employees at risk by failing to warn them of the risks associated with asbestos and insisting on using the material even when safer substitutes were available.

Though Earnest sued while he was alive, a 2000 precedent in Texas determined that an individual may sue again if he/she develops cancer after the original claim. The opinion overruled a long history of Texas cases holding that a person may only bring one lawsuit for an asbestos-related injury, even if he develops a second, catastrophic asbestos-related cancer at a much later date.

Estate in asbestos case claims 73 defendants

Paul Bowen died only three months after receiving a mesothelioma diagnosis in October 2007. Now, his estate is suing 73 defendants for negligence and reckless misconduct that caused his asbestos-related death.

Paul worked for over 50 years as a laborer, mechanic, truck driver, miner, and kiln operator, but his estate believes his exposure to asbestos came primarily from fibers his wife brought home from work. She was employed at various locations as a machine operator, maintenance worker, finisher, and striper.

The suit names 73 defendants that include Bondex International, CBS, ConocoPhillips, Ford Motor Company, General Motors, Goodyear, John Crane, Owens-Illinois, Pharmacia, Shell Chemical and Yarway Corp.

"The plaintiff's exposure and inhalation, ingestion or absorption of the asbestos fibers was completely foreseeable and could or should have been anticipated by the defendants," the complaint states.

According to the claim, the defendants known or should have known about the dangers of asbestos. It also states that the companies chose not to use safe asbestos substitutes, even when they were available. The estate has tried to procure documents from the defendants regarding asbestos use in the workplace, but they claim evidence has been destroyed or is unwilling to be forfeited.

The estate is seeking at least $250,000 in compensatory damages for negligence, willful and wanton acts, conspiracy, and negligent spoliation of evidence among other allegations.

'Troublesome' Cough Proved to be Fatal

What may seem like harmless cough could turn out to be the earliest signs of fatal mesothelioma.

Such was the case for Irving St. Claire-Matthews of the United Kingdom. Though at first the cough appeared trivial, Mary Stoodley, 64, knew it was serious when her normally active 72-year-old partner couldn't leave his bed one morning at their Southampton home.

He was admitted to the hospital last December, but a week later, St. Claire-Matthews died of mesothelioma. Ms. Stoodley, who is currently undergoing treatment for throat cancer, could not understand why teetotal non-smoking Irving had died so quickly, having been "fit as a fiddle" only days before. An inquest explained that he had worked for British Rail for 17 years until being made redundant in 1989; he undoubtedly handled asbestos during his time of employment.

Ms. Stoodley is seeking legal action "in the hope that they take some responsibility. There appears to be so many people that have had a problem and companies have a duty of care to their workers." Read more here.

$30.3 Million Settlement is State's Largest

A New Jersey law firm has announced a $30.3 million settlement in the case of a 50-year-old mesothelioma victim.  The settlement is believed to be the state's largest mesothelioma case and will be awarded to the wife and three daughters of Mark Buttitta.  Buttitta was a successful advertising representative who fell victim to what have been named "take-home" asbestos fibers; though Buttitta did not work directly in the presence of asbestos, he contracted mesothelioma from his father and brother who brought home fibers from work on their clothing.

Buttitta's father was a long-time employee of GM, where he handled brakes and clutches made with asbestos.  It is believed that sitting on his father's lap as a child was a primary cause of Buttitta's mesothelioma.

"Mark Buttitta's sad case shows convincingly how blue-collar workers from the automotive, construction and other asbestos-using industries are not the only potential victims of mesothelioma," the family's attorney said. "Men and women who wouldn't know a brake shoe from a horseshoe can be struck down by this horrible disease decades later from simply living with someone who contacted asbestos in his daily occupation. In Mark Buttitta's case we were able to get justice for him and his young family."

Following his 2002 death, Buttitta's family established the Mark Buttitta Memorial Foundation for Research for the "Prevention, Treatment and Cure of Mesothelioma," according to the foundation's website.